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The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases can help you determine the worth of your case and the amount of settlement you could receive. This is only possible when all the information you need is available.

Discovery is the first stage of an enoch auto accident lawsuit accident case. In this phase, attorneys and their teams exchange documents and ask each other questions under an oath.

Documentation

Documentation is a major component of the event of a car crash. This may include evidence such as photographs, medical records or witness statements. The more documentation that you have the more convincing your case will become.

The first piece of evidence that you must have is a police report. The police officer who arrives at the scene will usually write a report. It will provide important information about the accident and who was responsible.

If needed your lawyer has the option of using the police report to gather additional evidence. If the accident occurred in an office for instance employees may have recorded video footage. If this is the case, you should request a copy from the business.

You should also keep track of the costs you have incurred as a result of the accident. These could include medical bills, records of your treatment, receipts from medication rental car costs and in-home care or assistance, transportation costs and more. In addition, you should record any income loss due to your injury. You can utilize old tax returns and pay stubs.

If you are able, obtain the names of witnesses to the accident as well. These people may be able provide valuable information, particularly if you are able to have them testify in court. However, it’s important to remember that witnesses may alter their story over time and they may forget details about the incident.

Intake and Investigation

The intake process is critical in obtaining fair compensation for your accident injuries regardless of whether you’ve submitted an insurance claim or are suing the party at fault. Your lawyer will begin by looking over your medical treatment records, obtaining copies of aliso viejo auto accident lawyer reports and other evidence. They will also visit the scene of the crash to take note of what they can.

This information will allow them to comprehend the extent of the injuries you’ve sustained as well as the current and projected costs for your emotional or physical suffering. They will then review your financial losses in order to determine the worth of your case. Your damages may include not only future and current medical expenses, but also your loss of income and property damage.

Your lawyer will also investigate the incident, including speaking with witnesses and analyzing all available evidence. They will also take data from the cell phone and driving records of the at-fault drivers to determine if they were using their vehicle during the time. This will be especially crucial if the crash involved an Uber or Lyft vehicle or any other indicator that the driver was working while on the job, since it could affect their ability to pay for your damages.

As part of the process of discovery the lawyer will inquire about the defendant’s criminal and traffic offence records. Generally, these details are not admissible in court but they could be helpful to discredit the credibility of the defendant during cross-examination.

Negotiating a Settlement

After obtaining the medical records and obtaining the medical records, your lawyer can begin negotiations to settle the matter. The insurance company may make an initial offer that is smaller than the amount that you requested in your letter. This is a method to assess the credibility of your argument. In your counteroffer, it’s crucial to emphasize the most important points that you have to your advantage. For example, that the insurer was at fault and that there were severe injuries and high medical costs. Negotiating back and forth could eventually lead to an appropriate and fair amount.

A skilled lawyer for accidents can successfully argue for your claim’s merits, by presenting evidence to justify your losses. This could include photos of the car’s damage along with a police report as well as witness testimony. We have the ability to calculate various aspects of your claim, including lost income or pain and suffering, as well as police reports.

If, at this point, the insurance company refuses to provide a reasonable amount, we may choose to make a claim in court. A trial usually lasts between one and two days, and is heard either by either a judge or jury. If your case settles prior to this phase it can take a few months. Your attorney may also be able file a summary motion to dismiss. This involves arguing that all evidence is in your favor, and arguing it’s impossible for the opposition to prevail.

Filing an action

In the majority of car crash cases, the parties are able to resolve their disputes without going to court. Our team will assist you negotiate with the insurance company of the driver who caused the accident or directly with the party who is at fault. If there is no agreement the lawyers of our firm will start an action against the defendant. The Complaint will list your assertions and allegations regarding the circumstances of the crash and the reasons you are entitled to compensation. The defendant will be served with the Complaint and given a specific amount of time to respond.

The discovery phase is when our attorneys and the defendant will begin to exchange documents and other information as they ask questions via interrogatories or depositions. Our team will ask the defendant’s attorney questions about their view of the events, such as what they believe happened, how they believe it happened and what injuries you’ve suffered. We will also look for experts to back our assertions.

During the discovery phase, your lawyer can file legal documents known as motions to the court to be ruled on by the judge. This may include requests for the court to block certain evidence or to schedule the date for a trial. It can take up one year for the discovery process to be completed and a trial date scheduled. This is why it’s important to find a knowledgeable Long Island car accident attorney early on in the process.